Puigdemont turns himself in to Belgian police

Former Catalan President Carles Puigdemont and four other ousted regional leaders turned themselves in to Belgian police on Sunday.

A spokesman for Belgian prosecutors said at a press conference that an investigative judge would decide by Monday morning whether Puigdemont should be detained, and would also consider whether to dismiss the European Arrest Warrant issued by a Spanish judge on Friday.

The five former members of the Catalan government face charges of rebellion, sedition and misuse of public funds related to a separatist push, including an October 1 independence referendum deemed illegal by Spanish authorities, and Catalan lawmakers voting to declare independence on October 27.

According to Belgian law, Puigdemont has the right to contest an extradition request at multiple levels in the courts. He could first appeal to a chambre du conseil, a low-level judicial body. If his argument is rejected there, he could then appeal to a chambredes mises en accusation, which would have 15 days to reach a decision. If that chamber finds against him, he could then make a final appeal to the cour de cassation, the highest appeal court. It would have a further 15 days to reach a decision.

If the highest court finds in his favor, it would send the case back to another chambredes mises en accusation. And if that court decided the extradition should go ahead, Puigdemont could appeal to the cour de cassation once again.

If Puigdemont decides not to raise legal objections, he could be transferred back to Spain within days.

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Vishnou

No indication so far as to the identity of the judge? Some are politically-oriented.

Posted on 11/5/17 | 4:01 PM CET

Peter

Not to mention an application to the European court of human rights.
When I used to carry out enforced deportations and removals many were halted by that bunch of tree huggers!
Once got a guy all the way back to Rwanda to find they had found in his favour and had to bring him all the way back.

Posted on 11/5/17 | 4:23 PM CET

Asha

In Belgium he has at least a (small) chance of a fair trial as the international community will be able to better monitor the process. In Spain it would just be a show-process and the political trial of the century, where there is only one certainty: Puigdemont must be silenced and jailed.

Worrying to see though that in case the going gets tough in Spain, the country is immediately reverting to old undemocratic practices, or in other words democracy has not been able to anchor itself much in Spain, leaving the country prone to ist bad old ‘habits’. A sobering thought …

Posted on 11/5/17 | 4:37 PM CET

Tom

My thoughts if I were the Belgian Judge.
The case from Spain is you have broken the rules of the country.
I see a case to be answered.
This is simple and obvious.
The political argument for exoneration/release.
Is Spain is politically repressing the Catalans?
The evidence for this.
Political or economic.
I do not see a compelling case.
If Spain is repressing Catalonia every person in the world is being repressed.
I see an argument the Catalans might be happier as an independent country.
But only Catalans.
Possibly only some Catalans.
You will be judged unfairly.
This is key.
You have offered yourself as a martyr.
I see no evidence this will happen in the Spanish legal system.
This I accept is an unknown.
The eyes of Europe are on Spain.
For better or worse the world is based on nation.
The EU is the tool of the nation state.
Your job is to convince the Spaniards about independence not merely the Catalans or outsiders.
It is possible.
Only the future will tell.
You will answer the case in Madrid.
Not here.

Posted on 11/5/17 | 4:47 PM CET

Observer

Now this clown Puigdemont will be delivered to the Spain.

Posted on 11/5/17 | 5:37 PM CET

Vishnou

No doubt his Flemish lawyer will question the legitimacy of the trial and heavily insist on freedom of speech as a criterion for respecting democracy despite the fact that Mr Puigdemont acted illegally.

Posted on 11/5/17 | 5:59 PM CET

Stefan М

This clown has killed the idea . Catalonians barely will think again for independence…. except if Putin has being around and come to ‘democratically safe’ them.

Posted on 11/5/17 | 6:00 PM CET

freddie silver

@ Vishnou,
So now the judge may after all not be fair and moreover politically biased.
What would be satisfactory? Puigdemont hanged or guillotined on the Grand’Place??
However at this time, the theory of Flemish support for Puigdemont as exposed in several posts on this site appears like another one of the usual hot air baloons.

Posted on 11/5/17 | 6:01 PM CET

Pexit

…rule of law…Puigdemont acted illegally?…

The law during III Reich…or the legally binding rule of law was that everyone acting against the German state has to be killed with all his family for hiding and trying to save Jews…thousands of Poles where killed for this fight against the German rule of law…the actual Spaniard constitution is of the same nature as the III Reich…and the people who disobey are the right one fighting against a dictatorship constitution that doesn’t comply with human rights and European democracy supposed values…

Posted on 11/5/17 | 6:35 PM CET

Vishnou

Well, believe it or not but the judge designated to deal with Mr Puigdemont’s case is….. Flemish 🙂 Why am I not suprised?

Posted on 11/5/17 | 7:05 PM CET

sllagailw

“Well, believe it or not but the judge designated to deal with Mr Puigdemont’s case is….. Flemish Why am I not suprised?”

Cristobal Pasadas

@RichardT: well, the surprise is that he speaks fluent French and no Dutch at all, but his lawyer has advised him to ask for this move. Of course, it is a defense strategy, but subject to embarrassing questions to say the least. May be the lawyer knows quite well that the chances with a Flemish judge are better? If this is true, where do we leave the Puigdemontian claim about the Belgian judiciary system being more reliable than the Spanish one?

Posted on 11/5/17 | 11:19 PM CET

Cristobal Pasadas

@Asha: I think the best we all can do is just bring Puigdemont and his gang to Catalonia to be taken care of by the mossos d’esquadra and subject to trial by a Catalan judge selected and promoted according to Title V of the ‘Llei de transitorietat juridica…’, quite a monument built to honor the strictest separation of the executive, the legislative and the judiciary. I hope Puigdemont doesn’t extoll too much the virtues of his piece of legislation while trying to convince his Flemish judge of the differences between Franco/Spain judiciary system and Puigdemont/Catalonia system.

Posted on 11/5/17 | 11:38 PM CET

Dan

@Vishnou
“Well, believe it or not but the judge designated to deal with Mr Puigdemont’s case is….. Flemish Why am I not suprised?”

What difference does it make, they’ll make a ruling on the law and that is that.

Posted on 11/6/17 | 12:23 AM CET

Rchow

One interesting thing is that, despite the fact that Puigdemont speaks french perfectly, he has requested a dutch-speaking judge. He expects a flemish judge will be simpathetic with the catalan cause

Posted on 11/6/17 | 5:13 AM CET

RichardT

Well, I’ve no idea if you can pick and choose your judge in Belgium. Presumably though in this scenario, even if you can you’d also need whoever allocates the jobs to be a sympathetic Fleming. Just how high does this conspiracy go?